Legal Question in Wills and Trusts in California

what would happen to my daughter's home should her dad die?

My daughter (2 years old) and I live with her father in his home (we're unmarried). Her dad works as a Sheriff's Deputy. If something were to happen to her dad and he were to die intestate, what would happen to the home we live in? The house is held in sole title of her dad. Would she as his heir ''inherit'' the home? Can he ''add'' her to his title right now to ensure her right to possess the home should something happen to him?

I'm just looking for the safest process to ensure her right (and mine) to remain in the home should something happen to him. He does not have any debt to repay, etc.

Thank you.


Asked on 6/10/04, 8:20 pm

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: what would happen to my daughter's home should her dad die?

Putting her on title is a problem. She doesn't have legal capacity and the decision is generally irreverable. Also, she might be able to demand 1/2 when she hit the age of majority (and force your husband to sell).

If he is unmarried and has no other kids, it would go to her. If there are other relatives involved, it could create problems. It would be better if he did a will and/or a trust where he could also appoint a guardian. Check with an attorney, its not as expensive as you might think.

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Answered on 6/10/04, 8:29 pm


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